Arizona Administrative Code
Title 17 - TRANSPORTATION
Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS
Article 3 - RELOCATION ASSISTANCE
Section R17-3-303 - Relocation Assistance; 49 CFR 24, Subpart C - General Relocation Requirements

Universal Citation: AZ Admin Code R 17-3-303

Current through Register Vol. 30, No. 38, September 20, 2024

49 CFR 24.206 "Eviction for cause" is amended to read:

1. Eviction for cause must conform to A.R.S. §§ 12-1171 through 12-1183. The Department may determine that a person who is an unlawful occupant (as defined in 49 CFR 24.2) is still eligible for advisory relocation assistance. Any person who occupies the real property and is not in unlawful occupancy on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless the agency determines that the factors in subsections (1)(a) or (b) apply. The Department shall use the following factors to determine eligibility of an unlawful occupant for advisory relocation assistance:

a. The person received an eviction notice before the initiation of negotiations and, as a result of that notice, is later evicted; or

b. The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease or occupancy agreement; and

c. The eviction was not undertaken for the purpose of evading the obligation to make available the payments and other assistance set forth in this part;

d. The person occupying the property and the owner dispute the issue of lawful occupancy;

e. The duration of prior legal occupancy of the person occupying the property;

f. Financial or medical hardship of the person occupying the property; or

g. The cost of the relocation assistance is less than the cost of an appeal.

2. For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available.3. The state may initiate eviction proceedings due to:

a. Unlawful activities being conducted on state-owned property,

b. Willful destruction of state-owned property,

c. Refusal to vacate state-owned property after all required notices to vacate have been delivered and appropriate assistance provided, or

d. Failure to pay rent when there is no hardship.

Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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